~:tSkT$

-~~"-~--
Edited
Helene Maria Kyed )08.0 Paulo Borges Coelho Amelia Neves de Souto Sara Araujo ~:tSkT$
Centro de Estudos Sodais
de Bragan<;a
CONTENTS
Pref;lce vii
Introduction
1
Helene Maria Kved and !O(JO Carlos Trindade
1
Pluralism,
Transnational Age
and Human
Reappraising Law in a
34
Anne
2 Legal Pluralism and Constitutional Reform Processes
Markus Riir:kp.nfiirdp.
50
3 Legal Pluralism and Plural Memories: lbe Perseverance ofSpirits in
Mozambique
Maria Paula Meneses
THE DYNAMICS OF LEGAL PLURALISM IN MOZAMBlQUE
Centro de Esluclos Sociais Aquino de Bragan<;a
First published in February 2012
Editors:
Helene Maria
Joao Paulo Borges Coelho Amelia Neves de Souto Sara Araujo Cover design & DTP: Dudu Coelho Printing and
Kendall & Strachan,
Production coordination:
Kapicua Livros e Multirncdia Lda,
111is volume was financed by the
Friedrich Ebert Foundation
l~"nidr"li()n
11 Traditional Authorities and Legal Pluralism: A Comparative Analysis of 89
Two Case Studies in Mozambique and Angola
Fernando Flon3ncio
5 Toward an Ecology ofJustices: An Urban and Rural
Mozambican Plurality
of
Centro de Esludos Socia is Aquino de Bragan<;:a (CESAB) Rua Faustino Vanomba 192. 1." Maputo, Moyamblque L09
Sara
Cultural Relativism and Local Hegemonies
6
130
7 Negotiating Order in Post-War Mozambique: The Role of Community
Courts in Redressing Unsettled Wartime Conflicts
Victor 19reja
8 TIle Police Strategic Plan and its Implementation
Francisco
167
Alar
no. 7287/RINLD/2012
ISBN 978-989-97730-1-1 66
9 Vigilante 'Justice' and Collective Violence
186
Vitalina do Carma Papadakis
10 Spirits at the Police Station and the District Court
Carolien Jacobs
196
148
11 'New' Non-State Actors in the Plural Legal tandscape of 214
Mozambique: The Contested Role of Community Policing
Helene Maria
PREFACE
12 Security and Justice Reform in Sierra Leone: The Uneasy Position of
Chiefs
Peter Albrecht
13 Cape Verdean State Legal Pluralism: 1he Establishment and
Dissolution of the Popular Courts
Odair Bartolomeu Barros Lopes Varela
Notes on the contributors 271
253
234
This book project emerged from a series of papers that were presented and discussed
at a three-day international conference held in Maputo from 28-30 April 2010, with
the title State and Non-State Public Safety and Justice Provision - The Dynamics of
Pluralism in Mozambique. The conference was co-·organised by the Aquino de
Braganca Social Studies Centre (CESAB) and the Danish Institute for International
Studies (DIlS), with support from and in collaboration with the Royal Danish Em­
(Danida), the Friedrich Ebert Stiftung and IPAD-Portugal. It represented the
first attempt to both invigorate a comprehensive policy-debate on legal pluralism
and to bring together empirical research done on the topic since legal pluralism was
recognised in the 2004 Mozambican constitution.
A key aim of the conference was therefore to fill a void in accumulated knowledge
how legal pluralism is actually practiced on the ground in different regions of
and (b) what implications the constitutional recognition of legal
ralism has had for the interactions between different state and non -state providers
at the local level (e.g. the state police, the formal courts, community courts, tradi­
tionalleaders, traditional healers, and community policing forums). Another core
aim was to discuss potential future legislation on legal pluralism and the different
pros, cons and challenges of such legislation for different kinds of providers and for
citizens' access to justice and public safety. In doing so, the conference also aimed
to contribute with knowledge to the different international development partners
supporting justice and police reform in Mozambique. To achieve these aims, the
conference organisers brought together academics, policy--makers and practitioners
such as representatives from relevant ministries, courts and organisations as well
as from various international development organisations (such as the UNDP,
Danida, and Sida).
Although the conference did not result in any definitive answers to future
developments or programming, it did certainly deepen the knowledge of legal plural­
ism and highlight the need for the Mozambican state and its international develop­
ment partners to take the legal pluralistic reality seriously when considering policies
and programs on justice and security. It also contributed to identifying a set of core
dilemmas and challenges that can lay the grounds for further discussions in smaller
policy and academic circles. Some of these included:
)
)
J
)
I
• Legal pluralism the plurality of norms, procedures and institutions that pro­
vide social ordering - is a reality that cannot be ignored in legal reform processes
and in efforts to improve citizens' access to justice and public safety. However, it
should be realised that state recognition of legal pluralism may not only be inclu­
sive of socio-Iegal diversity, but can also be used by local and national elites to
enhance control and exclude some groups of citizens.
)
>
"
SORC[RY
CHAPTER 6
Granjo
~"""'~~
..
~
o state that sorcery exists in Mozambique is a mere declaration of an obvi­
ous and recurring fact. People use it to obtain effective results, or protec­
tion against them, and in pursuit oflegitimate or illegitimate, beneficial or
malevolent goals. Nonetheless, the potential effectiveness of this
is an issue that tends to divide readers into outspoken scepticism, attitudes of plau­
sible doubt, elaborate discourses about its symbolic
and somewhat ashamed
l
fear or concurrence.
However, the focus of this chapter is not so much the actual practice of sorcery
and related rituals. My purpose is to analyse something that invariably leads to seri­
ous and sometimes
consequences whether or not it may affect the real
lionel'S of such crafts and is interlinked with the issue of'legal pluralism; the subject
of this book. I am referring to accusations of practice or ordering of spells by indi­
and the trials of such accusations. I will stressing that sorcery is an essential element of the system of'do­
mestication of uncertainty' that is dominant in Mozambiaue. and of social efforts to
events. However, as I
meaning to, and
to overcome,
i Indeed, the belief i t1 the effectiveness
is unassailable, as it holds a strong 'protective belt:
to use the expression coined
Lakatos (1989) for scientific theories. The occurrence of an unsuc­
cessful empirical case could be due to a technical error in the execution of the spell, to a more pow­
erful counter spell, to the sorcerer's insufftcicnt power or even to the fact thal s/he is a charlatan,
without jeopardising the Dresumed effectiveness of sorcer'V in
L
s, c: lit.
REL
rVISM
MONl
will subsequently discuss, allegations of sorcery are also an important instrument of
social control used against particular kinds of victims. They tend to reproduce and re­
inforce existing relationships of inequality and domination within society, more often
than not in a particularly violent manner.
I will provide an account of such violence, and of the dynamics of accusation and
describing the typical course of an accusation, the production of evidence
and trial procedures, and by examining two specific cases. lhe reader will then be
able to appreciate that sorcery trials are seen as an institutionalised form of justice
those concerned, that accusations and trials usually interact with other non-state
actors and institutions that are also considered 'justice providers; and that the basic
of defendants are often violated in the course of events.
I then argue that the acceptance and legitimacy of sorcery trials (and,
of the overall idea of legal pluralism) are based on the projection of 'cultural relativ­
ism' principles upon individual and collective
Hence, I will discuss, in scien­
ethical and political terms, the harmful effects of that projection and its abusive
nature. In so doing, I will consider an alternative to the common, and misleading,
dichotomous dilemma between, on the one hand, accepting 'cultural' rules as an im­
pediment to the rights of certain groups or, on the other, imposing compliance with
and abstract rules, regardless of the meanings that the people assign to the
practices in question. I then suggest that whenever 'cultural' practices and human
clash, the primacy should be given to the perspective and will of those indi­
viduals and groups that arc dominated in such cases.
Lastly, I will suggest, for the reader's consideration, a set of questions of a scien­
ethical and political nature which should not at this point be concealed when
legal pluralities. TIlese questions are based on the perspective that sorcery
trials are not an unusual and extreme 'deviation' in the practical application of
pluralism, but rather an expression of this concept in which the inherent harmful ef­
fects arc easier to
twrrpj"",
......"­
-/,...g~
When studying the social role of sorcery in Mozambique, the flfSt aspect to take into
account is that sorcery is not an isolated belief, but rather a vital part of a wider
largely collective) system of interpretation of, and action on, misfortune and other
uncertain events. TIlis fact is far from irrelevant. As George Murdock (1945) empha­
sised last century in a statement that has not been disputed, divination systems exist
in every culture known to history or ethnography. However, those systems are not
isolated from wider conceptual frameworks. Their rationale is based on interpreta­
tion systems intended to give meaning to contingency and to guide human inter­
vention in the uncertain and unfamiliar. Since such interpretation systems also exist
DYNA"I
F L
PLUR
M
[ALS,
MOZAMBIQUE
in every culture, it is plausible that they meet a human need of a universal nature,
thereby demonstrating the cross-cultural importance of the human struggle against
the humiliation of uncertainty, against the lack of meaning and against human depen­
dency as regards anything that appears uncertain and random.
The resulting systems may originate from different principles. When investigating
the logical possibilities of understanding uncertainty and threat, we quickly realise that
the possible alternatives may vary between two extremes: on one side, the absolute
assumption that aleatoriness is 'real' and is the principle underlying uncertain events
(thereby acknowledging contingency or happenstance); on the other side, the assump­
tion that uncertain events are fully determined by extra-human logic or entities, such
as divine will, fate or the mechanistic laws of a clock-like universe. Between these two
extremes there is a continuum of conceptual possibilities that share the attempt to
ascribe meaning and causality to uncertainty and aleatoriness, which enables the latter
to be perceived as cognoscible, regulated or even dominated by humans. This repre­
sents what I describe as forms of 'domestication of uncertainty' (see Granjo
aleatoriness
domestication
of uncertainty
•
happenstance
chaos
"danger"
determination
•
sorcery
superstltion
extra-human coercion
"risk"
divine will
fate
dock-like universe
It is quite common for diiferent systems of domestication of uncertainty to co­
exist within the same society. Depending on the specificities of each occasion, people
may decide to use only one of those systems, mixing them in a syncretic way, applying
them alternately to various aspects of reality (Granjo 2008), or using tHem
mentarily even jftheir rationales may seem contradictory.
Mozambique is no exception in this regard. Here, too, there is a co-existence of
materialistic, religious, magical, technological, and spiritualistic systems of reasoni ng
and interpretation. \Xi'e may nevertheless affirm that there is one particular system of
domestication of uncertainty in use throughout most of the country which, though
co-existing with other systems, predominates in the interpretation of events that dis­
rupt normality. This is based on the notion that chance and coincidence do not exist.
events that markedly harm (or benefit) someone require the existence of under­
lying causes, particularly if such events are recurrent
ULTlll<AL RELATIVISM
ND LO
L
MO
These underlying causes do not replace and are not opposed to material causality.
Indeed, they do not attempt to explain how a specific dangerous event occurs, but
rather why such an event has harmed the person in question. According to this
of view, the world is full of material and natural threats, ruled by material causes; how­
ever, while undesired events follow material causality relations, they may only harm
a specific person due to social causes which make both the victim and the source of
coincide in time and space. -These social causes need to be identified when
misfortune strikes, in order to explain it and to prevent its recurrence in a similar or
more serious form.
In such an event, however, the flrst hypothesis to verify is the victim's possible
norance or negligence. Ihe reason for what happened to the victim may reside in
his own inadequacy in situations where the victim was unaware of the danger or unfa­
miliar with the right way of performing some action; the victim lacked the experience
to perform the action; or the victim was not used to taking the necessary precautions.
Other social causes, of a spiritual or a magical nature, will only be sought if the victim
was struck or harmed by the undesirable event despite being competent and careful,
or if her/his failure to take the normal precautions may be deemed exceptional.2
In such situations, one of the likely causes is the suspension of protection by the
victim's ancestors. Since the latter maintain a relationship with their descendants
similar to that of elder relatives, it is their duty to guide them, protect them and keep
them away from danger which they probably did not do in the event in question. If
that happened, it was not a punishment, but rather the result of normal constraints
faced by the ancestors: since they are the spiritual remains of the living person
used to be, they have lost certain human capabilities, among them the ability to com~
municate directly with the living. As such, the only way the ancestors can let their
descendents know that they have a grievance they wish to communicate
divination or the trance of a specialist) is to allow undesirable events that may alert
the latter to the need to seek communication. The next step for the living would be
to try to fmd out the causes of the ancestors' dissatisfaction and what can be done to
appease them.
The other likely cause or reason could be sorcery. Mostly attributed to en,,), or
other objectives that may be considered negative, such as greed or selfishness, sorcery
is normally regarded as functioning in an inverse order to the actions of ancestors
when they attempt to protect their descendents. In fact, while it is believed that pow~
erful spells may directly manipulate material factors and create their own dangers,
such diagnoses are relatively rare and largely limited to exceptionally tense situations
According to this reasoning, if, for example, a person was infected by HIV because s/he didn't
know about AIDS, forms of transmission or care required to prevent it, or if, knowing these
s/he didn't use condoms regularly, no other explanation is required for such illness. On the other
hand, if that person used to wear a condom regularly but did not on the occasion in question, thus
becoming infected, an explanation for such fact will be
2
THE
DY~AMICS
OC LEGAL
PLURALIS~·l
I~
SORCERY TRIALS. CULTURAL RELATIVISM AND LOCAL HEGEMONIES
MOZAMBIQUE
of social strain. \X1hat is more common is for sorcery to act upon people or beings ­
attracting them to danger, distracting them from its existence and imminence, influ­
encing their behaviour, or even hiding from them some aspects of reality or creating
illusions and imaginary situations. 3
However, regardless of the variations in its performance and objectives, sorcery
plays a central role within a system of domestication of uncertainty, here as in other
regions of Africa. 4 Yet, contrary to common assumptions, it does not regard people
as being restrained by the principles it advances, helplessly moving towards a pre­
destined or irreversible future. The acknowledgement of social complexity, including
the interaction of individual and collective volitions and actions - from the living and
from the dead, of a material, spiritual or magical nature - turns sorcery, and each par­
ticular spell, into a factor that interacts with many others, in a framework of multiple
attempts to mould an uncertain future (Granjo 2008a).
Sorcery provides, therefore, a means to give logic to uncertainty and aleatoriness
y making them explainable, and by enabling the reintegration of misfortune as both
a cognoscible phenomenon and a result of human action and, as such, liable to ma­
nipulation by such action. Thus, sorcery - along with the other aforementioned caus­
al relations - is a means to understand something that otherwise would not make any
ense. It is also a way of acting on reality, provoking or avoiding the undesirable. Yet
the roles of sorcery and, particularly, accusations of the practice of sorcery (the main
focus of this discussion), are not limited to the domestication of uncertainty.
~""--
o accuse someone of practicing or ordering spells is not just an attempt to explain
misfortune, or to incorporate into normality something that is deemed abnormal. Ac­
using someone of sorcery (or even the implicit threat of such an accusation) is also a
owerful instrument of social control, and the pursuit of economic and political strat­
gies. Here again, this is not exclusive to Mozambique. Works such as Schism and
Continuity, by Victor Turner (1957), or Witchcraft, Power and Politics, by Isac Nie-
Health and illness are a variant of this general system of domestication of uncertainty. Being
ealthy is the normal state of people, but one that requires harmony between the living, ancestors
nd the social and ecological environment (Honwana 2002). Health is also threatened by the lack of
are, by sorcery performed by the living and by the disapproval of ancestors - but in parallel with
he ecological dangers and the demands of the spirits to work as traditional healers.
To be sure, despIte the central role that spirits and ancestors assume here, the general principles
re similar, for example, to the classic interpretation of Evans-Pritchard on Azande witchcraft (1978
[1937]). For even more similar systems see, for example, Janzen (1992); Campbel (1998); Dijk et al.
2000); and Binsbergen (2003).
haus (2001), expressively demonstrate this in quite different historical and geographi­
cal contexts. Nevertheless, one should bear in mind that such potential for social con­
trol and collective manipulation may take on distinctive meanings and have diverse
consequences. There are also important regional disparities within Mozambique.
In his book J(upilikula, Harry West (2009) draws a scenario in the Mueda plateau
(in Cabo Delgado Province, Mozambique) where sorcery occurs in an invisible world
that interacts with ours, and into which infamous sorcerers project their spirit in or­
der to carry out their evil doings. Such doings may only be counteracted or reversed
by a similar projection of righteous sorcerers to act on whatever was motivated by the
infamous ones. Such action, through a spiritual, shamanic voyage into an invisible
world detached from ours, contrasts with the beliefs that prevail in the southern and
central regions of the country. Here the active spiritual force is not the living person's,
but rather that of the spirits of the dead which possess her/him or which s/he is able
to dominate and put to her/his service. s It is the spirits who act on the perceptible re­
ality in forms we term magical. They do not do it in an invisible world (although they
are themselves invisible), but in ours, which they also inhabit.
This formal difference identified in Mueda does not render the moral references of
the practice (and accusations) of sorcery dissimilar to those in the rest of the country
_ even if they are perhaps more explicit in their logical consequences. Thus, any per­
son who is more powerful or wealthier than those around her/him may in principle
be deemed to be a sorcerer, either because s/he needed magical support to achieve
that exceptional status or because that status demands that s/he provide protection
to her/his subordinates - which is only possible if s/he knows how to fight malevolent
sorcerers with benevolent uses of sorcery.
This assertion of the ambiguous nature of power finds another expression here,
one of a more general character. Malevolent sorcerers are selfish and use their power
and knowledge exclusively for their personal benefit. As such, those who enjoy the
advantages of power without fulfilling the obligations of protection such power com­
mands, or those who become wealthy without sharing part of their wealth with those
they lead, by 'eating alone; prove, through such behaviour, to be malevolent sorcerers.
This is what led, for instance, to the lynching of several persons accused of own­
ing, or transforming themselves into, the lions that terrorised the population of
Muidumbe in 2002 and 2003. The persons lynched were relatively rich and powerful
and, as pointed out by Harry West (2008) and Paolo Israel (2009), the case was an ex­
pression of political criticism of the post-socialist appropriation of wealth and power,
to the detriment of and with disregard to the ordinary population.
The same was observed, albeit in a more subtle way, after the popular uprising
of February 2008 in Maputo. It was said at the time that 'the people came out of the
This second allegation, which pertains exclusively to the practice of sorcery, is infrequent - unlike
spirit possession, which is common among 'traditional healers' and even ordinary persons.
S
THE
L fiLU
QU
bottle: This eloquent expression, which travelled quickly from the outskirts to the
centre of the city, also translated the political and socio-economic criticism into the
language of sorcery, through a reference to the belief that many women illegitimately
dominate their husbands, making them apathetic and abusing them through a spell
that 'puts them inside the bottle: This spell can only be broken by a stronger counter­
-in this case the uprising (Granjo 2008b; Granjo
However, the accusation
of sorcery is ever-present in daily life in events far less spectacular than these
convulsions.
As already mentioned, unexpected misfortunes, and particularly an unusual se­
quence of disease and death, require a logical explanation that may allow people to
make sense of them, to control and overcome them, and thence restore normality.
Sorcery is but one of many possible explanations for such events, and yet the sorcery
spell is a possibility that can easily gather consensus, including about the probable
This may take
for instance, in the absence of obvious social causes
on the side of the victim, or someone close to the victim, which could give rise to the
of protection by the ancestors. It might also occur in the event of social
conflicts or tensions, or of behaviour considered
or envious -- which is
very likely. However,
that the suspicion of the practice of sorcery is
tied by specific types of relations and social status, the resulting accusations also tend
to be considerably typified. In consonance with the findings of the study led by Carlos
Serra (2009) on the lynching of people accused of sorcery in rural areas, my data also
indicate that these accusations tend to be focused on
socially disadvantaged
individuals. Above alL while the most feared and famous sorcerers (though not the
are usually men, the overwhelming majority of
most confronted or
accused of sorcery are women.
, occur when a male individual has particularly serious conflicts
with the affected group, shows exaggerated and hasty micro-political ambitions, or
possesses a substantial amount of property at an age that is considered too advanced
for him not to have begun to redistribute the estate among his heirs. Another situa­
tion that involves men, and where the accusation is socially equivalent to that of sor­
cery (although strictly
it is not), is when a woman has a complicated sexual
with her husband, expressed by violent or 'mad' behaviour. These cases
entail the
that the woman had
been offered
to
a spmt by her fatller, whether as compensation for a familv debt to the
the objective of
himself through such a
TIlliS, the accusation of men - accounting, as mentioned above, for the minority of
instances -- tends to be linked to the resolution of family conflicts and to the punish­
ment of greedy political and economic behaviour, with male vulnerability
with age. However, not just any woman is accused of sorcery either, despite the vul­
rendered by their
The dominant
the effectiveness of sorcery are associated with
distance. In other
the most powerful specialists will be able to cast a
so
ATlVlSM
spell from remote locations, whereas the average sorcerer has to be close to the vic­
of proximity is originally the reason or the
tim to do so. Whether or not this
ideological formalisation of what I am going to say next, the practical outcome is
that the sorcerer should be physically close to the victim, but at the same time keep
a social or behavioural distance from her/him so as to
reason for the evildoing
and the desire to do it. Therefore, relatives by marriage have an inevitable
as primary suspects women living with the husband's
If such women demonstrate behaviour deemed undesirable they will
become
1his could for instance, include situations where the women are
quarrelsome or defiant of their mother-in-law and sisters-in-law, are not respectful of
or zealous enough toward their husbands and elders, or are envious of the assets or
children of other women. \Vidows are also more vulnerable to possible accusation, particularly if they own locally significant assets and if, upon being widowed, they
to behave too in-
women are
by a convergence of factors, including a an
of economic greed, a life
that may have them access to magic secrets, the economic expectatiOl
ciaries of the accusation, and
power tensions. TI1ese factors will, in turn, add
to the already existing and common suspicion about the widow's likely responsibility
for her husband's death, which may be revived and work as complementary 'evidence'
in the presence of new suspicions.
Furthermore, behaviours that diverge from the local role models of femininity and
power may become
reason for suspicion and consequent accusa­
of course, which are
not immune to the par··
tion, There are degrees to
roles that may have
ticular backgrounds and
of the negotiation of
taken place in each case and context. However, a woman does not necessarily have to
be 'a very strong woman that can beat up any man' as various newspapers described
a woman who was impaled in 2008 during a surge of lynchings in Chirnoio -- in order
for consensus to be gathered about her condition as a sorcerer. As we will see below,
suspicion of sorcery could simply result from a woman standing up against her hus­
band following a long history of violent domestic
on his part.
In certain cases yet, a woman could be accused not because of any characteristic
of her own, but because of her husband's behaviour. Even in urban areas, both in
and more elitist
when a man 'obeys' his wife or has habits
out with friends, not
_ such as leaving most of his salary at home, not
showing interest in other women, cooking or openly doing hOllse chores - this tends
to be considered by his relatives and neighbours as
his nature or choice, and
as the result of a spell cast or ordered by his wife to illegitimately keep him under
This aspect, too, is far from being a MO:lambican
European context, but it is also found, for instance, in Brazil
Not only is it often mentioned in the
1992).
T
YN
Pl.U.RALlSM l\l
SORe
fJIQUE
her grip. And although the accusation of such a spell has less serious physical con­
sequences than others, it may nevertheless lead to counter-spell actions and divorce
{Granjo
']berefore, although an accusation of sorcery could be based on different sets of
leads that may
rise to social consensus about its validity; it tends to be marked
by two characteristics: (l) a focus on socially disadvantaged persons with limited de­
fence capacity - mostly women and elderly women - and; (2) a justification based
on the ascription to such persons of behaviours and actions which are not
with the models imposed by the power relations that are in force locally. Ihus, accu­
sations of sorcery are powerful tools of social control that both punish deviations to
the dominant norms which govern behaviour and power relations, and coerce com­
pliance - either through the accusation itself or through a latent threat of accusation
upon the first occurrence of misfortune.
However, reiterating in part what has already been mentioned above, we should
also note that there are special instances where the practice of sorcery is tolerated or
even considered legitimate, even if publicly admitted and openly practised by women.
A good example of this is the case of a gardener employed by the general manager of
a large company. To the astonishment of the employer, the
was taking for
granted the fact that his mother had put a spell on him - which made him sad, but not
angry. It turned out that the man was the genealogic successor to a 'traditional' chief­
taincy, but had refused to take up that position because he had a stable and relatively
well-paid job. Moreover, he was investing all the money he was able to save in the
ongoing construction of a new home, regardless of the alleged financial difficulties
experienced his mother, siblings and uncles, He was, therefore, in a relatively serious
situation of double default before his family, his community and his ancestors - a
situation which, even in his own estimation, justifled or excused his mother's use of
such violent means of coercion.
Sorcery may thus be implicitly authorised or even respected by the community, as
as it is not concealed and it adopts a social control and coercion role, as a means
to compel individuals to adopt a more SOcially desirable conduct. In other words, the
practice of sorcery is accepted as long as it fulfils the social role tha t is expected of it
in accusations of sorcery.
TRIALS, CVLTUH
,M
AND
AL
OvlONl
This dominant system of domestication of uncertainty and the local phenomenol­
ogy of possession create an opportunity which, on the contrary, enables and facilitates
social reintegration. To that effect, it would 'suffice' for the accused to acknowledge
fault and agree to have been possessed by an abusive spirit that forced her!
him to act and behave against her/his own will - and that such allegation be consen­
sually accepted by the accusers and confirmed by experts.
Such confessions do not have to be calculated or a hoax to be rational, according
to anthropological criteria. After ali, if the possibility is accepted that a person may
commit an act under possession without being aware of it, and if everyone - includ­
ing the experts in the matter is sure that this has been done, then it becomes
sible to the accused that s/he might in fact have done it. 7
However, if a person commits an act under the domination of a spirit, the re­
sponsibility rests on the symbiotic entity that is the person possessed. As such, the
person in question is also responsible even if, strictly speaking, s!he is not guilty.
More importantly, as soon as the spirit is removed from the body and prevented from
returning by means of arduous but innocuous ritualistic procedures (Granjo 2007),
the person returns to her/his former state. S/he is no longer considered a threat and,
therefore, nothing prevents her/his full social reintegration,
Nonetheless, the exceptional nature of this outcome - which has always been re­
counted to me along the lines of 'as it once happened .. : is a further indication that
accllsations of sorcery do not have the explanation and justification of misfortune as
the sole objective. 'nleY may also be essentially motivated by a quest for social control
and punishment. Indeed, the creation of scapegoats and the collective pressure lead­
ing to their economic exploitation, banishment, mutilation, insanity, and even death
are far more frequent. Ultimately crucial to the outcome is the level of consensus es­
tablished about the person to blame, her/his guilt, and the benefits of removing her!
him from society or even from the world of the living.
Such accusations often end up not leading to any formal trial, whether
by non-state political entities or by healers' associations. Particularly in more remote
areas away from state authorities, a confirmation of the collective suspicion through
divination by a specialist is usually enough to expel, injure or kill the accused - in
principle, but not necessarily, with the prior consent of a 'traditional authority: In
more densely populated areas or even in cities, however, the gathering and analysis
~
In fact, the person in question will not only be submitting social pressure, but also complying
with a combination of factors that Dan Sperber (1992) notes as a rational reasoning to adopt beliefs
which arc apparently irrational: the person will be believing that something which s/he can
conceive in an incomplete and approximate way (sorcery under possession) is possible, based on
the assumptions and consensus that there are people with complete and precise knowledge of this
and that, if s/he were to have that same knowledge, s/he could confirm it as true in
a process similar to what, for example, makes it rational for a person who is not an expert in astro­
physics to believe in the existence of black holes.
7
Ihis potential ambiguity regarding the acceptance of practices of sorcery is also valid
- at least in abstract terms - in what concerns the dynamics and possible outcomes
of accusations of sorcery. Indeed, an accusation of sorcery, even if confessed by the
accused or deemed proven by the accusers, does not necessarily lead to punishment
and marginalisation.
THE
1v1
OF L[GAL
M
of evidence, as well as the political promulgation of the punishment tend to be for­
malised. Unless the accused confesses immediately, the first divination that confirms
the suspicions by the accusers usually has to be confirmed by a group of experts ap­
pointed by the respective professional association,S in a previously arranged meeting
that takes place within a tense and solemn environment. Although the details of the
by the
possible material evidence of sorcery are explained at
on behalf of the defendant, the formal means
,
In the southern
of the
is joint divination by the appointed
this is done by
the tinhlolo (Granjo 2007a),9 whose reading, which
allows for different lines of interpretation, is almost always influenced by the allega­
tions. However, even if the 'sorcery judges' have the authority and the competence
acknowledged by the parties by their mere attendance at the trial - to confirm or
deny the guilt of the accused, the only tools the
have that may help to lead to a
confession and/or a settlement agreement are their rhetoric and perform
associated with the fear and respect they evoke. Sometimes such tools are not CUVUlo;ll
and it is necessary to convene more restricted sessions that take olace in the
which I will describe below.
1he path that leads a person to a sorcery trial can, however, be more complex and
unexpected. It may pass, for example, through a community court (tribunal comuni­
taria) which, considering itself incompetent to judge what has been brought before
it as a sorcery case, or itself suspecting that a given case involves sorcery, refers the
matter to a sorcery court. This is what happened in the first of the two examples that
[ will recount below. (I will do so in the most neutral and unbiased way I can, so as to
consequences arising from
limit the impact on the reader and avoid any possible
these events.
'The case began, as mentioned, at a community court. 1he complamant was a mar­
ried woman, applying for divorce due to continuous aggression by her husband over
the years they had spent together. 1he last time she had been beaten she had been
~ble to run away and seek refuge with her family of origin, whence she filed the claim.
However, the detailed description of the events revealed that, on that last occasion,
the woman had stood up to the husband and hit him on the head with a frying pan in
Jrder to escape. 1he mood
instantly upon this disclosure. 1he 'judge' was as-
I
Usually AMETRAMO, the Mozambican Association of Traditional Healers.
) A divination set including bones, shells, stones, coins and other objects chosen by the diviners
lnd their masters, complemented by six half.·nuts of nulu (tiakata) and six dorsal crocodile scales
:tinguenha). It should be cast and interpreted in the presence of an appropriate spirit in the body
)f the diviner, and the reading and interpretation of the combined cast items is elaborated and dis­
:ussed with the persons present.
o Due to
consequences, l will also not disclose whether these cases (or any of them)
me 01' narraled bv third parties.
SORCERY TRI
L FELAJ"I
lIEGEMONl
tonished, and both he and the people representing the husband set about questioning
whether such an unusual reaction from the woman could not be explained only by the
fact that she had become a sorcerer. 'The judge, feeling incompetent to try such mat­
ters, immediately summoned a 'sorcery court: 1he new trial, albeit ad hoc, began in ac­
cordance with the usual
mentioned earlier. However, given that the
woman insisted on denying her guilt, one of the judges gave her a mirror and
asked her what she saw in it. As expected, the woman said she saw her image reIlectea
in it. '1hat is the proof; said the judge. "This is a magic mirror that only shows sorcer­
ers!' I do not know what happened to this woman, who continued to deny the accusa­
tion, but that extraordinary piece of evidence did convince most of those present.
The next case I am presenting, however, illustrates a common course of events
when someone consensually found guilty insists on denying the accusations of sor­
cery against them. 1he new trial does not take place in an urban or peri-urban area,
but deep in the bush, in an isolated location that can onlv be reached on foot. but
dose to a crossroads. Moreover, it is no
l'l-.~ugh some
of the parties may be
are stnctly confidential, with the exception ofthe final outcome.
In this case, the defendant was also a woman, who appeared to be around 50 years
old. Although the procedures also involved a relatively long session of questions and
allegations, it was clear that the defendant's guilt - reconfirmed by casting the tinhlo­
lo was taken for granted. Therefore, the issue was not about investigating the defen­
dant's guilt, or even proving it, but about forCing her to confess.
of reprimands, pleas and
a series of tests were inl­
whereby the defendant, under constant pressure, had to find objects
or plants, or had to demonstrate her confidence and courage, in order to prove her
innocence. A string of failed or virtual impossible tests (such as fLnding the rare and
elusive pangolin) gradually increased her insecurity and emotional tension. Although
exhausted and disoriented after many hours of physical and psychological coercion,
the woman kept on denying the accusation. Then they administered the mondza.
This is a liquid concoction of plant origin that induces a state of absent-minded­
ness and lack of controL The person who drinks the liquid ends up confessing every­
did wrong (whether or not it was sorcery) in conversation with an
nary person. Nevertheless, as in stories of espionage involving the 'truth serum; it is
that some people are able to control its
and never confess. Such
exceptional instances may result in a second administration of the product, which is
likely to result in an overdose that renders permanent the state of absent-mindedness
and hallucination - as happened to the woman in this case.
Finally, cases of extremely high social tension and unanimity abou t the guilt of the
person accused may end up with a submission of the accused to an ordeal whereby
a toxic substance is administered which is supposedly harmless to the innocent, but
should kill the guilty or drive her/him mad. I cannot disclose how this narticular case was C DY
Of L
PI,
15M
LAMB1QLE
---"~~-.
I presume that cases such as these will not leave the reader indifferent, even if the
reader is the most enthusiastic supporter of 'legal pluralism; or someone who has
_ as I have to consider local divination and healing practices in their own
terms and within their own conceptual framework. However, the reflection these cas­
es elicit should not be limited to the means of evidence used, the degree of coercion
and violence, or even the violation of rights deemed fundamental and safeguarded
the state beginning with the exclusion of the death penalty. All these questions
are unavoidable. But since we are in the presence of something that is intended, and
accepted by all involved, as a specialised method of providing Justice that articulates
with other instances of 'legal pluralism; the concerns that make us question this sys­
tem of judgment should lead us to question the legitimating principles of legal
ism as well.
Running the risk of generalising and simplifying, one might say that the lines of
reasoning which try to legitimise legal pluralism- and their respective motivations
and principles - follow two main vectors. On the one hand, they are based on a prac­
tical concern: the capacity of the state's to provide justice is and will be scarce. This
could be addressed by mobilising and recognising locally legitimate conflict resolu­
tion entities, acting in accordance with locally accepted principlesY On the other
hand, they are based on a concern for ideological equity: it is assumed that there
is a 'Western' hegemony12 which enforces institutional frameworks, principles and
notions of rights that are alien to, and disrespectful of, all other cultures. Therefore,
for sllch other cultures, resolving conflicts and administering justice in conformity
with their own principles and means would constitute factors of emancipation and
of fairer social functioning. This second vector, developed fundamentally within the
academ ic context, fi nds its theoretical and moral legitimacy in the very anthropologi­
cal and respected principle of cultural relativism.
I believe the case of accusations and trials of sorcery is an excellent starting
could be the inequalities in gender, age, or between any other social groups whose
differences in slatus are culturally encoded) for assessing the extent to which the ap-
II However, the type of entities which are locally acknowledged by the people as conflict resolution
providers may vary Significantly throughout the country, together with the level of authority and
i,..crit;",,,rv attributed to each one of them. Compare, for instance, Farre (2008); FLorencio (2005);
J? Hegemony is normally understood, within the framework of this type of rationale and discourse,
in the more popular and vague sense of strong and imposing domination, and not in any of the
Gramscian connotations that are at the origin of the word. I discuss these aspects later.
RC
TRIA
eli
U
I.ATI
ISM AND
Iv1 () N 1
of the concept of cultural relativism onto people's rights is problematic and
potentially perverse.
In truth, however, the concept is already tricky in abstract and theoretical terms,
even before we confront it with empirical cases. This stems from the fact that the
healthy assumptions that the various cultures are not superior to each other and that
each culture should be understood in its own terms are not, in this case, applied to
cultural phenomena, but rather to political ones.
From the perspective of the more inclusive notions of 'culture' (to which I subwe can of course state that the 'political' is also culturaL Indeed, if we under­
stand 'culture' as a set of socially transmitted and shared forms of both perceiving,
classifying and conceiving the world, and of feeling and acting, very little of what
is human will not, broadly speaking, be culture. But only fallaciously could such a
generalised statement conceal an essential and sui generis aspect of power
and particularly of the recognition or denial of certain rights or privileges of
social groups: at any point in time, and in any culture with dominating and dominated
people, the rights bestowed on the latter (just as, symmetrically, the privileges and
for inequality that benefit the former) are the result of the history and dy­
namics of power conflicts and negotiations. In other words, the rights of dominated
groups are imposed on the dominating ones in an essentially political process of con­
flict and negotiation. Their encoding into cultural rules (as with the cultural encoding
of the grounds for inequality, even when these are assumed to be natural Or
is nothing more than the 'freezing' of an incidental and temporary correlation of forc­
es, however long-lasting, within social norms and people's collective world view. This
means that unless we maintain an essentialist image of 'cultures' that considers them
static, homogenous, exclusive and isolated, the application of cultural relativism to
people's rights is abusive and inappropriate. But there is a second problematic issue,
which is simultaneously academic and practical.
If the most noble purpose of projecting cultural relativism on the provision of
justice (through legal pluralism) is, as I presume, to promote the emancipation of
cultures and societies which are subjected to the diktat of alien principlefl and cri­
teria, such a purpose could only be achieved without perverse harmful effects if the
dominated societies were homogenous, harmonious and devoid of power relations
and
conflicts of interest.
This homogeneity is obviously not the case in the Mozambican context - or, for
that matter, in any other context that [ am aware of. In tedious fashion, Rousseau's
'noble savage' (1978 [1750]) is able, after all, to combine his empirical inexistence
with the ability to incite imaginary exoticists. What we are faced with, in practice,
are strongly diversified and hierarchical communities, wherein (as almost everywhere
else) inequality and relations of domination between groups are culturally codified.
Ihis means, on the one hand, that regarding local cultural rules as homogeneously
representative of the community as a whole is the same as regarding the values and
interests of the dominating groups as general, or as interpreting the local relations of
pu,-aLIUll
OF
PLCRALlSM IN MOZAMB
RY TRIAL
CULT
ATtVrSM
EGEM
IEs
For the reasons outlined above, I argue that we must hold that 'culture' and 'tradition'
(although central to a contextual framework) are not valid impediments to equity and
individual rights, let alone the protection of those who, by virtue of their situation or
status, are the most vulnerable. However, embracing thls is one thing; quite another is
to assume that, when a practice includes formal elements that appear abusive in
of internationally dominant values of equity and human rights, such values should
overrule the meanings people attach to such practices, and the social consequences
they ascribe to them. I doubt that the dilemma between these two poles which tend
to be considered as the only possible ones - has a definite solution, or even a totally
satisfactory one. However, it seems to me that there is a third alternative, which is also
relativist and continuously renegotiated. 1his alternative has the advantage of neither
imposing foreign values nor denying human rights or reproducing inequalities.
I suggest that, in the case of a conflict between 'cultural' principles/practices and
human/citizenship rights, the criteria applied should not be the dominating
whether international or local, but rather the will and perspective expressed
the
dominated individuals and groups in regard to the case in question. This is certainly
not an easy solution. It requires, first of all, knowledge, participation and transfer of
the decision-making power to the dominated and vulnerable, with the state
responsibility for challenging local relations of power and domination.
But there is an additional problem, which derives from the more reinforcmg mean­
that Gramsci (1971) attributed to the word 'hegemony; when he coined it: that of
the acceptance and integration into their own ideology, on the part of the dominated,
of the principles of the dominant ideology, which were conceived precisely in order
to legitimise the dominalion to which they are subjected. 14 As a result of this process,
there is always the risk that the dominated will reproduce the locally dominant ideol­
ogy by supporting the very practices and principles that oppress them.
Nonetheless, the solution proposed above seems to me to represent the smallest
and fairest among possible risks - and, most importantly, one that transfers any ex­
ternal expectations of emancipation from the domain of external imposition of power
to the field of political debate and symbolic and ideological negotiation.
Having reached this level of generalisation, it would now be appropriate to revert
it on the theme that served as the starting point and empirical basis of this chapter:
accusations and trials of sorcery as variations of 'legal pluralism' which are capable of
clarifying the tensions and limitations of the latter. When doing so, one could always
argue that sorcery trials are an extreme case within the diverse framework of 'legal
practices and, as such, should not jeopardise harmless and socially useful
mechanisms of conflict resolution and justice provision that are accepted by all par­
ties involved. Indeed, since they involve the resort to spiritual or magical means of
and because they may lead to the economic despoilment, ostracism, mutila­
tion, insanity, or death of the defendants, sorcery trials contrast signiftcantly with, for
instance, the mediation of family quarrels at a police station or a community court.
However, we often learn about verdicts from those 'harmless' non-state instances
of conflict resolution that clearly abuse the legaL constitutional and human rights of
accused citizens, or even their family members- as in cases where the accused are
forced to give their daughters, even when only minors, to the accusers as compensa­
tion. Furthermore, the abuse of dominated and vulnerable indiViduals and groups
may vary in degree depending on the type of non-state 'justice provision' institution
and on the local context, but such abuses derive from the same principle of cultur­
allegitimacy (and, consequently, from the same legitimating principle of culturally
codified inequalities). Besides, as we have seen, sorcery trials and other non-state
instances ofjustice provision may often maintain links and interactions to each other:.
13 I am now using 'hegemony' in both Gramscian senses of domination of a group achieved and
validated by convincing the subaltern trough ideological means, and of acceptance and partial inte­
gration (lfthe dominant ideology by the subaltern (Gramsci 1971).
14 It is this type of process, for example, that leads mainly women to pressurise and teach other
women to submit to male domination, or makes individuals from SOcially dominated classes to as­
sume that 'there have always been rich and poor' and that this is a 'fact oflife:
power, mequallty and domination on the basis of the reasoning offered by the domi­
nating groups to legitimise such relations - similar, one might say, to the long anthro­
pological error of interpreting the Indian castes system on the basis of classical texts
written by Brahmans, thus reducing this system and the domination by the higher
castes to the point of view presented by the latter (Perez 1994).
On the other hand, it means that, by disregarding the existence of endogenous
processes of hegemony13 in communities that are considered 'different; and by assum­
that the dominant values in such communities are 'genuine' and representative of
the 'entire' community (as if the community was homogeneous, and as if the accep­
tance of such values by the dominated members was not, itself, the result of a pro­
cess of domination) contributes to the reproduction of the very discrimination and
hegemony that exists within communities. In other words, by trying to counteract
the abuse arising from the imposition of 'Western' values in a context of intercultural
one is validating the abuse arising from the imposition of values by local
dominant groups and the type of dominating relationship employed by these groups
upon the subaltern. By calling for the emancipation of an abstract and imaginary
we are reinforcing the instruments of oppression of those auite con­
crete - who are dominated within it.
fH<lS
THE DYNAMICS OF Lf(jAL PI
t;I~AI,lSM
IN 1'.1
WI
Thus, one may argue that sorcery trials are the extreme pole on a continuum of pos­
sibilities of abuse and domination; but all those possibilities are, ultimately, inherent
to the logic of 'legal pluralism' itself.
As Dreviouslv mentioned, when we analyse specific examples of accusations and
regardless of the
of
exotism and!
or violence involved, they are not exclusively
for misfortune or mecha­
niSlns of conflict resolution and social conLrol.
are also powerful instruments of
reaffirmation and reinforcement of the local
and relations of domination
and inequality, to which those who are dominated may adhere either due to the effect
of hegemony or because they themselves are potential victims of similar accusations.
TIlis phenomenon gives rise to uncomfortable
of a scientific, ethical and
political nature which should not be avoided when we examine legal pluralism: Is
it correct to use cultural relativism as an assumption for discussion when
culturally recognised rights are not, strictly
a cultural but a
nomenon, i.e. a codified result of mutable correlations of forces and domination? Is it
reasonable to stimulate practices and principles of
pluralism when these do not
merely weaken modernist hegemonies and ideological domination at the
but also strengthen relations of domination and hegemony at the local leve!'? Should
state legal and judicial action protect local and historically
inequalities, or
should it strive for equity amongst citizens'? Should legal practices and decisions that
breach the constitutional and human rights of citizens, against their will, be socially
and politically accepted (and endorsed),? What can and should be done in order to
prevent them?
The answers I would give to the above questions are hopefully evident throughout
this chapter. However, as a foreigner with no decision-making power whatsoever over
such matters, I believe it is more important for me to formulate these questions and
encourage their careful consideration than to try to answer them myself,
HEGI}AO
D
Grarnsci, A. (1971):
the Prison Notebooks. London: Lawrence & Wishart.
Sp["rtinn<
Granjo, p, (2001): "J/'abalhamos Sobre u.m Barril de P6lvora"
Sines, Lisbon: ICS: 153· 174.
Granjo, 1'. (2007): "Limpeza Ritual e
123· 144,
""lSld y ''''
Homens e perigo na refinaria de
• .I1f1U"~"
pOs·Guerra em
Granjo, P (2007a): "Determination and Chaos,
XI (1): 9-30.
Social, 182:
to Mozambican Divination': r,·tl1nrmi/rca.
Granjo, P. (2008): "Dragoes, Regulos e Fabricas Espiritos e racionalidade tecnologica na indllstria
mo<;arnb ican a': Analise Social, 187: 223·249.
Granjo, P. (2008a): "Tccnologia Industrial c Curandeiros: Partilhando pseudo·determinismo,': In
ltinerarios, A il1vestigar;ao nos 2S anos do ICS. Lisbon: ICS: 353·371.
Granjo, P. (2008b): "Cronicas dos Motins Maputo, 5 de fevereiro de 2008': Disponivel em <http: / /
www.4shared.comljile/6J860426/8ead98eO/Crol1icas_dos.J11 otins_M apu to_5Jevereiro_2008.
html>
Granjo, P. (2010): "Mozambique: 'Sortir de la bouteille: Raisons et dynamiques des emeutes': A./ter·
natives Sud, XVII (tl): 179-185.
P.
Lei !?pn
1): "'Hom ens na Garrafa' e as Limites 11 Masculinidade': In Granjo, p, (ed.): Famflia e
Lisbon: ICS.
/vlodernas: Possessrio de espiritos e reinteg/'a~?/O so·
Maputo: Promedia.
Israel, P. (2009): "TIle War of Lions: Witch··I1Unts, occult idioms and post·socialism in northern
Mozambique': Journal ofSouthern African Studies, 35 (1): 155 ·174.
Roriepl",,· University
in central and southern
Janzen, ). (1992):
of California Press.
Murdock, G. (J 945): "TIle Common Denominator of Cultures': In Linton, R.
/'vtan in the IXlorid Crisis. New York, Columbia University Press: 123·142.
Niehaus, I. (20(H):
Lowveld. London: Pluto.
The Science
the occult in the South
Power and PoUtics -
Lakatos, L (1989): La Metodologia de los Programas de Investigaci6n
Madrid: Alianza.
Maluf, S, (1992): "Bruxas e Bruxaria na Lagoa cia Concei<;ilo: Urn estudo sobre representayoes de
poder ferninino na I1ha de Santa Catarina': Rel'ista Critiea de Geneias SOciais, 34: 99·112.
References
Um estudo do sistema de castas no norte da india. Oeiras:
Binsbergen, \v. van (2003): Intercultural Encounters
a philosophy ofinterculturality, Munster: Lit.
and anthropolof'Jcallessons towards
Perez, R.M. (1994): Reis e Intocaveis
Celta,
Campbell, S, (1998): Called to Heal
today, Johannesburg: Zebra,
modem medicine in southern
Rousseau, JJ (1978): Discurso Sobre a Origem e os Fundamentos da Desigualdade Entre os I [omens.
Sao Paulo: Abril Cultural.
Oxford: James
Serra, C (dir.) (2009): Linchamentos em Mo(:ambique II {okhwiri que apela it purificar;doj. Maputo:
lmprensa Universitaria.
l'radilional
Dijk, R. van et al (eds.) (2000): EJe Quest/or Fruition
Evans·Pritchard, E,E, (1978): Bruxaria, Orticulos e
[1937]
Farn\ A. (2008): "Vinculos de Sanguc c Estruturas de
(Inhambane),: Analise Social, 187: 393·118.
Flort,ncio, E (2005): ,10 E'I/contro dos Mambos
lvlocal'nhimu'. Li'ibon: lCS.
D. (1992): 0 Saber
Entre os Azande. Rio de Janeiro: Zahar.
Ritos e territorio na historia do Qw'>me
Autoridades tradieionais vaNdau e Estado em
Turner, V.
Press,
Anlrop6IoJ!os. Lisbon: Edi<;oes 70: 59·95.
Schism and Continuity in an
Society, Manchester: Manchester University
West, H. (2008): ""Governem·se Voces MesHlos!" Democracia e carnificina no norte de Mo~am­
: Analise Social, 187: 347 ~368, West, H.
eo invisivel em Mueda,
UIIDlqHe.
Lisbon, IeS. DYNAM
F
IN M
MBIQUE
~ural
African Contexts, funded by the Fundac;ao para a Cicncia e a Tecnologia. Since
OlD he has been deputy coordinator of the project Reconciliation and Social Con­
jct in the Aftermath of Large-scale Violence in Southern Africa: the cases of An­
oIa and Namibia, funded by the Volkswagen Foundation and implemented under
ile institutional leadership of the Arnold Bergstraesser Institut at the University of
reiburg, Germany. in 19%-1997 he was Head of the EU Human Rights Mission in
~wanda. Florendo has published several articles on the genocide, the latest being
Uma Historia de Violencia sob as Brumas dos Virunga. Morte e poder no Ruanda"
'A History of Violence beneath the Mists of the Virunga. Death and power in Rwan­
.a" - 2011).
'aulo Granjo is an anthropologist, researcher at the Social Sciences Institute of Lis­
.on University and invited professor at the New University of Lisbon. From 1999 to
.006 he was visiting professor at Eduardo Mondlane University in Maputo. His re­
earch covers Portugal and Mozambique. He has studied employment and hazards at
ozal (a large aluminium smelter in Mozambique), the tensions around the
.aw, the 'traditional' concepts and practices of divination and healing. the memory
f traumatic events, and public violence - namely the lynchings and riots. He has
ublished several papers and the books Lobolo em Maputo ("Lobolo in Maputo")
nd Urn Amor Colonial (UA Colonial Love"). I Ie has two books forthcoming on Mo­
ambique. one focusing on ritual protection treatments, and the other on the social
anagement of uncertainty in several fields of urban life. He is honorary member of
METRAMO, the Mozambican association of traditional healers.
nne Griffiths is professor and holds a personal chair in the Anthropology of Law
t the School of Law, Edinburgh University. Her research focuses on anthropology of
w, comparative and family law. African law, gender. culture and rights and juvenile
lstice. Her most recent publications include The Power of Law in a Transnational
add: Anthropological enquires (2009); Spatializing Law: An anthropological geog­
:phy oflaw in society (2009) and Mohile People, Mobile Law: Expanding legal rela­
'ons in a contracting world (2005), co-edited with F. and K. von Benda-Beckmann.
vel' the years she has held visiting appointments at various institutions, includ­
g Senior Research Fellow. International Research Centre on Work and the Human
ifecycle in Global History (IKG). Humboldt University. Berlin (2010-20U), Distin­
uished Visiting Professor, Faculty of Law, University of Toronto, the Max Planck
stitute for Social Anthropology, Halle/Saale, Germany. The International Institute
r the Sociology of Law Oi1ati - Gipuzkoa, Spain. The University of Texas at Austin,
chool of Law and the Southern and Eastern African Regional Centre for Women's
aw at the University of Zimbabwe. She is currently a member of the Executive Body
f the Commission on Pluralism, a branch of the International Union of Anthropo­
gical and Ethnological Sciences. of which she was President from 2003~2009. Her
urrent research, funded by the Leverhulme (2009-2010) is on the Gendered
amics of Land Tenure in Southern Africa.
NOTES
NTH
rUBUTORS
Victor 19reja is a postdoctoral research fellow at the Institute for Social Science Re­
search at the University of Queensland (Australia). His multidisciplinary and com­
parative research focuses on health, legal, political and religious aspects in post­
conflict Mozambique and East Timor. He also has research collaborations with the
Centro de Estudos Mo<;:ambicanos e Internacionais (Mozambique). the Danish Insti­
tute for Human Rights (Denmark), Chr. Michelsen Institute (Norway) and lNCORE
- International Conflict Research Institute (University of Ulster. Northern Ireland).
Caroliell Jacobs holds a PhD in Social Sciences and a MSc in International Develop­
ment. both from Wageningen University, the Netherlands. For her PhD research she
was a member of the project group Legal Pluralism of the Max Planck Institute for
Social Anthropology in Halle, Germany. Her research focuses on the role of religion
in disputing processes in Mozambique. After obtaining her PhD, she continued at
the Max Planck Institute as a postdoctoral research fellow, working on religion and
the problem of order in Southern Africa.
Helene Maria Kyed is a researcher at the Danish Institute for international Studies .
She has a MA (Hons) in Social Anthropology and a PhD in International Develop­
ment Studies. Kyed has extensive research experience within the field of legal plu­
ralism. including long-term fieldwork in Mozambique on the state recognition of
traditional authorities and the interaction between slate and non-state justice and
providers. In particular, Kyed has addressed the political implications of
state-non-state engagements. and addressed theoretical questions concerning com­
peting forms of sovereignty, social ordering and claims to authority. Current research
also engages with the topic of community policing in Mozambique and Swaziland.
Kyed has published several articles on these topics and co-edited three books: State
Recognition and Democratization in Sub-Saharan Africa. A new dawn for traditional
authorities? (Palgrave-Macmillan 2007), State Recognition of Local Authorities and
Public Participation: Experiences, obstacles and possibilitie:; in Mozambique (Minis­
try ofJustice, Mozambique 2007) and Perspectives on involving Non-State and Cus­
tomary Actors in Justice and Security Reform (Rome: IDLO 2011).
Maria Paula Meneses is a senior researcher at the Centre for Social Studies. Uni­
versity of Coimbra, integrating the Research Group on Democracy, Citizenship and
Law. She holds a PhD in Anthropology by Rutgers University (USA) and a MA in His~
tory from St. Petersburg University (Russia). Her current research interests include
colonial fractures and the post-colonial debates, identity processes and conflicts, the
between state and 'traditional authorities' in the African context, legal
plurality and the role of official. patriotic history and memory within contemporary
identity debates. She has participated in various research projects, haVing Just fin­
ished one on Witchcraft and Modernity in Mozambique: Questioning Power, Law
and Policies, and another one on legal plurality in urban contexts, using Luanda,
Angola as a case study. Her work has been published in journals, books and reports
in several countries, including Mozambique, Spain, Portugal, Senegal, the United